- The Bitterroot Valley, where the Rocky Mountain Laboratory is located contains blue ribbon trout rivercourse Bitterroot River containing protected Species Bull Trout.
- Lewis & Clark traversed valley upon direction of US President to find a land route to the Pacific Ocean.
- Soils in the Bitterroot Valley are some of the richest in the state; water, timber resources abound surrounding the NIH facility in Hamilton, MT.
- The Selway-Bitterroot Wilderness is the second largest in the US at 1.6M acres, which sits at the western boundary of the RML site in Hamilton, MT.
- Wildlife crossings in ,Bitterroot are essential to habitat such as Bear, Moose, Elk, Deer, bird habitat of waterfowl, migrating birds, owls, hawks, bald eagles.
- RML site in floodplain for flood insurance: any part of property below the 100 year floodplain makes entire property floodplain, 1968 National Floodplain Insurance Act.
- Neighborhood surrounding RML south of Hamilton, MT contains historic homes over 40 years which require historical review for any federal project by NIH.
- NIH-RML drafted an Environmental Impact Statement (EIS) and Final EIS (FEIS) with appropriate comment period.
- NIH-RML drafted a 20 year master plan with appropriate comment period.
- Specific details for Interpretive Center and North Parking Lot projects in FEIS did not include required items as per the National Environmental Policy Act (NEPA).
- NIH-RML FEIS did not include alternatives to interpretive center project.
- FEIS did not include a historical review in report specific to the interpretive center, proposed parking lot project, purchasing residential property for NIH industrial use.
- FEIS did not allow public comment addressing the interpretive center, or the parking lot project specifically as proposed.
- Proposed Parking Lot project is near floodplain and drainage to Bitterroot River, and would require use of residential property purchased for a federal industrial purpose.
- Interpretive Center proposed demolition is within a historic residential area did not include alternatives to the proposed demolition of the existing structure 801, 803 S. 4th.
- In planning the new BSL-4 facility, NIH did not include professional fire, material safety personnel or fire structure assets at RML for safety, health of residents, employees.
- The 20 year plan and FEIS does not include an emergency response structure at RML.
- RML agreed to respect NEPA process, and uphold health and safety of community and RML employees in 2004 to resolve CV-04-154-M-DWM out of court.
- NIH BSL-4 facilities in Frederick, MD; Bethesda, MD; and Raleigh-Durham, NC have sufficient fire assets due to being in larger communities which have training and equipment necessary to provide emergency assistance to comparable facilities to RML.
- RML is located in an isolated valley with no professional fire departments, and no material safety teams within 45 miles, and 29 volunteer firemen in Hamilton, MT.
- NIH headquarters house 30 federal firefighters, and can get assistance from the well equipped Bethesda (MD) Fire Department, located within 15 minutes from D.C. metro.
- RML has no federal or professional fire personnel in any proximity to facility.
- RML 20 year plan had no onsite emergency response facility although no adequate biological, materials, or radiological safety team is within 45 miles.
- First Presidentially declared fire emergency was in proximity to RML, Ravalli County, and Montana in year 2000. Fire hazard is extremely high near RML.
- RML is 45 miles from Missoula, MT with 60,000 residents and five firehouses. Materials safety team is currently dispatched from Missoula Fire Department.
- Fallen timber block fire corridor route, accidents, and in-climate weather 3000 ft. AMSL, 47°Latitude; fire/materials response from Missoula not assured within 1 hour of dispatch.
- RML without professional material safety, biological, or radiological staging area available on site, or within 45 miles of the Hamilton, MT facility.
- NIH Office Research Safety issued Plaintiff false assurances of safety since 2007.
- Plaintiff has adequately participated in administrative process by expressing concerns to RML, NIH in fire safety, environmental quality, NEPA director, Director of Research Safety, NIH legal counsel, and NIH Directors office.
- Plaintiff has offered mediation to resolve this dispute to NIH.
- No further remedy is available to Plaintiff to resolve NEPA and related safety issues.
- FEIS and published NIH documents failed to adequately disclose, analyze, and assess environmental risk from proposed interpretive center demolition, parking project proposed by RML.
- Risks from RML proposed interpretive center, parking lot projects have impacts to the environment, human health, and impacts to local governments.
- Defendants did not comply with the NEPA act at RML.
- Defendants have duty protect safety and health of employees, public around RML.
- Defendants failed to answer electronic correspondence from Plaintiff addressed to askrml@niaid.nih.gov relating to fire safety.
- Defendants do not pay taxes to local governments, nor payment in lieu of taxes (PILT) to defray wear on roads, fire response, and other costs.
- Defendants are adding lab space at RML requiring more water resources, and have not addressed resource issue in the master plan, FEIS, or other published NIH documents.
- Water discharge from RML facility, or monitoring is not published or public information.
- Security of RML north boundary is substandard as non-fortified chain-link fencing.
- Purchase of residential property for RML is not proper for federal industrial projects.
- Industrial process as RML requires roof cooling fans, which impact bird habitat, and riparian, river area to west and surrounding RML and was not addressed in FEIS.
- Use of NIH police vehicles except official use, outside RML property, improper."
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